NOTICE ON EU RESIDENCE CARDS & BREXIT
ARE YOU A NON-EEA FAMILY MEMBER OF A UK CITIZEN AWAITING A RESPONSE TO EU TREATY RIGHTS APPLICATION?
ARE YOU A NON-EEA FAMILY MEMBER OF A UK CITIZEN HOLDING AN EUFAM RESIDENCY PERMISSION?
ARE YOU CONCERNED ABOUT THE FULL IMPACT OF BREXIT NOW THAT THE END OF THE TRANSITION PERIOD IS COMING UP ON 31ST DECEMBER 2020?
The UK Transition period will end on the 31st December 2020 in accordance with the Withdrawal Agreement.
The INIS Notice of 19th November 2020 “UK WITHDRAWAL FROM THE EU – Information for UK Nationals and their Non-EEA family members living in Ireland” indicates that:
- If you are a Non-EEA family member of a UK citizen exercising EU Treaty Rights in Ireland, from the 31st December 2020 you will hold the same residence rights with the only requirement that you will have to exchange your current valid IRP Card for a new one. This “card exchange programme” will apply from 1st January 2021 and applications can be made through the online renewal system. You will have until 31st December 2021 to apply.
- The Department will continue – even after the 31st December – to process applications received from non-EEA family members of UK nationals resident in and exercising EU Treaty rights before the end of the transition period. In our view, this Notice cannot extend the protection of EU law and lacks certainty, for example with regard to the possibility of review and other procedural safeguards available in EU law. The Notice represents only a policy approach by the Minister that can be further qualified by any subsequent Notice that might issue. We would hope that any applications made before the 31st December 2020 would, if successful, be issued with a residence card with equivalent rights to the EUFAM residence card. Notwithstanding the lack of certainty in the Notice, we would advise any non-EEA family member of a UK national in Ireland that has yet to make such an EUTR application to submit it as soon as possible by registered post and well in advance of the 31st December 2020.
- A new scheme will be introduced for UK nationals who come to Ireland after 31 December 2020 and wish to bring their non-EEA family members. We await the publication by INIS of further details of this scheme
- Nothing will change for UK nationals living in Ireland as the protections provided by the Common Travel Area (CTA) will continue to apply, i.e. UK nationals living in Ireland (and likewise Irish citizens living in the UK) will continue to travel freely, live, work and access education, healthcare and social services in each other’s country after the UK leaves the EU. Although the CTA pre-dates membership of the EU, the Memorandum of Understanding (MOU) was signed in May 2019 committing both the Irish and UK Governments to undertake all the work necessary, including through legislative provision, to ensure that the agreed CTA rights and privileges are protected.
If you need advice in relation to any of the above, please do not hesitate to contact us by calling us on 01 671 56 18 or by email at info@dlcm.ie.
